Another Macon subdivision, more unhappy lot owners

Not long ago Kristina and Bruce Oliver invited a local couple they’d met in nearby Franklin to come play cards with them at their newly constructed house in Diamond Falls Estates.

The phone rang about the time the visitors were expected to arrive at the subdivision, a 285-acre development in the Cartoogechaye area of Macon County bordered on three sides by the Nantahala National Forest.

The local couple apologized and said they’d misunderstood the Olivers’ directions. They had driven somewhere else by mistake. They were lost in a construction zone and weren’t sure where they were or which way to go next. Not to worry, Kristina assured them after getting a description of what the couple saw from their vehicle’s windows. Just keep going, Kristina said, that house on the hill a short distance ahead was indeed the Olivers’ new home.

Drive into Diamond Falls Estate, just out of sight of the entrance gate and the ubiquitous-to-every-mountain-development clubhouse, past the perfectly manicured expanse of lawns, and you might understand why that visiting couple was confused. The subdivision does indeed in places resemble a construction zone, even now some two years after buyers started handing over dollars for lots in what the developer touted as “North Carolina’s latest green community.”

“The primary issue is the roads. We were all told that they would be paved,” Oliver said. She and her husband paid $61,000 for their lot and built a two-story house that was completed last fall.

“We’ve put a good chunk of our retirement savings into this,” said Oliver, a former financial controller and vice president of finances for a specialty store chain.

On this rainy day the roads in Diamond Falls Estates were rough quagmires of gravel, red subsoil mud and pools of water. Without four-wheel drive, they would be impassible. The Olivers, who live fulltime in Birmingham, Ala., purchased a full-sized Nissan four-wheel drive pickup truck because, they said, of the poor condition of the subdivision’s roads.

‘A bill of goods?’

Michelle Masta and L.C. Jones of Franklin represent Diamond Falls Estates’ developer, Shirley Buafo. A message left with Buofo’s secretary at her workplace Monday in Macon, Ga., went unreturned as of press time.

To hear Masta tell it, Oliver is a bad apple spoiling an entire barrel of subdivision fun. Masta flat out accused Oliver of “telling lies” about the true situation in the subdivision. Masta said that there aren’t any issues with the roads in Diamond Falls Estates. At least, she said, on the part of the developer of Diamond Falls Estates. The real estate company that might have made promises buyers relied on? Well, that’s a different matter.

“I don’t appreciate Kristina Oliver making accusations that aren’t true,” Masta said. “We are doing everything we can out there. If a real estate agent told them something that was not true, we have no control over that – they need to go after the real estate company or report it to the N.C. Real Estate Commission.”

Masta said, not entirely accurately, that Oliver is the only one of 65 lot owners in Diamond Falls who “has a problem.” In fact, other homeowners besides Oliver are also concerned about the roads.

“We were sold a bill of goods,” lot owner Mark Moore of Atlanta said bluntly in a telephone interview.

But, Masta is correct in noting that not every lot owner is unhappy about the subdivision’s progress. Catherine Shea of Florida, who with her husband owns two lots in Diamond Falls Estates and is building on one of them next to Oliver, said she has found Masta and Jones responsive to issues and complaints.

“I’m not concerned yet; I’m really not,” Shea said.

Not that she’s A-OK with the condition of roads in the subdivision, either, however.

“The real culprit in planting a seed of negativity in Diamond Falls was the real estate company,” Shea said. “They out and out lied.”

That would be the group that marketed Diamond Falls on Oct. 4, 2010, when many of the lot owners first saw the Macon County subdivision.

“We’re not the bad guys,” Masta said of the development side of Diamond Falls Estates.

Expect tenacity

The chirpy advertising slogans that worked to attract buyers in 2010 sound so inviting: “indulge in an oasis away from the everyday;” “pure natural beauty preserved for the fortunate few.”

And there’s this paragraph in the online sales literature: “Have peace of mind knowing that protective, yet simple, building covenants will help maintain the overall beauty, theme and value at Diamond Falls Estates.”

Oliver finds it difficult to overlook the audacity of that sort of sales pitch. But, you are mistaken if you believe she’s angry. Oliver isn’t a woman who wastes much time on anger: a member of Mensa International, the high IQ society, she’s marshalling her facts and figures and laying out a strategy for moving forward. She and husband Bruce are members together in the society, a fact that was mentioned incidentally when the discussion turned to Western North Carolina’s own serial bomber, Eric Robert Rudolph, who blew up an abortion clinic in Birmingham. The Olivers, it turned out, were in Mensa with nurse Emily Lyons, who was disfigured in the explosion.

Moore said those involved have likely just crossed paths with one very intelligent woman who will work without respite to hold them accountable. Moore said he and some others in the development rely on Oliver to keep them abreast on what, for now, they claim is a lack of development in the development.

Few regs, big loopholes?

Some of the roads in the subdivision are an undeniable mess. But it could have been worse, Oliver told commissioners during a public hearing last week on planning issues (see accompanying article). That’s because the county’s subdivision ordinance will require the development company to pave the roads in at least a portion of Diamond Falls Estates, she said.

Development in Diamond Falls Estates was divided into two phases. The second phase, which included Oliver’s lot and house, was bonded, ensuring that the road will eventually be paved. This thanks to the subdivision ordinance, which was passed, enacted and amended by the time she and her husband bought a lot there last year.

A void in planning regulations is hampering development in Macon County, Oliver said. Not, as developers and anti-planning forces claim, the other way around.

“And there are a million regulations that are imposed by the developer on home owners,” Oliver said. “They just don’t want any imposed on them.”

Dan Kelley, another lot owner in Diamond Falls Estates, made a similar argument in an email sent to planning board member Al Slagle that was provided to Macon County commissioners.

“I know of four other houses (in addition to his) that would currently be under construction if not for the lack of development in Diamond Falls,” Kelley wrote. “My position on this and others within Diamond Falls is the quickest way to stifle business is for the word to get out that promises are not being honored.”

That said, Kelley wrote a follow up the next day via an email. Masta provided Kelley’s follow up to The Smoky Mountain News. That second email noted: “I do expect promises to be kept but at the same time I believe that L.C. (Jones) has acted in good faith to comply with owners’ needs.”

Kelley noted that he believes “the main issue” involves the original real estate company “promising roads completion and then when people go to Diamond Falls and see that no roads have been asphalted that leads to suspicion and people drawing conclusions.”

For his part, however, Moore is refusing to build until there is clarity about whether the roads will or will not be paved in Diamond Falls Estates.

“I’ve always wanted to have a house back up in the mountains,” the Atlanta resident said by phone late last week. “This looked perfect, and I loved the lot.”

Moore planned on building a 2,700-square-foot house, initially to serve as a second home and ultimately to become a retirement destination. Moore has the architect’s design already in hand. He estimated that it would probably cost him a total of $700,000 to build, which isn’t chump change to local builders and contractors struggling to survive in a dour economy.

“But I’m just not going to spend that kind of money until the roads are done,” Moore said. “It’s crazy — those are four-wheel dirt tracks.”